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Articles 91 - 120 of 12391
Full-Text Articles in Law
The 1996 Hague Convention On The Protection Of Minors: What Changes Would Have To Be Made In United States Law In Order To Ratify The Convention, Robert Spector
The 1996 Hague Convention On The Protection Of Minors: What Changes Would Have To Be Made In United States Law In Order To Ratify The Convention, Robert Spector
Robert G. Spector
No abstract provided.
Emergence Of Knowledge Economy, Nazish Irshad Husain
Emergence Of Knowledge Economy, Nazish Irshad Husain
Nazish Irshad Husain
No abstract provided.
Thailand And Its Shortcut Towards General Competition In Telecommunications Industry, Piyabutr Bunaramrueang
Thailand And Its Shortcut Towards General Competition In Telecommunications Industry, Piyabutr Bunaramrueang
piyabutr bunaramrueang
It is commonly known that telecommunications industry requires a specific set of regulations in dealing with its own critical issues, particularly of asymmetric regulation in its context of natural monopoly. Today in the digital age, telecommunications industry is transitioning towards general competition meaning that the specific conditions are fading out; specific rules are becoming unnecessary. The United States and the European Union have provided the most advanced examples in this area which have being developed for more than a century. Nonetheless, each country has its own conditions and specific requirements. For examples, the United States possesses very strong systems interplaying …
The Man Behind The Torture, David Cole
The Man Behind The Torture, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Revisiting Injunctive Relief: Interpreting Ebay In High-Tech Industries With Non-Practicing Patent Holders, Anne S. Layne-Farrar
Revisiting Injunctive Relief: Interpreting Ebay In High-Tech Industries With Non-Practicing Patent Holders, Anne S. Layne-Farrar
Anne S. Layne-Farrar
The Supreme Court’s 2006 eBay ruling marked a turning point in injunctive relief policy. Unfortunately, there seems to be considerable confusion about the implications of the decision. Some authors, concerned over patent holdup and excessive royalty rates, interpret the eBay decision as giving a green light to district courts to deny injunctive relief to “non-manufacturing patent owners”. Using an error cost framework, we examine the theory and evidence behind patent holdup concerns as they relate to injunctive relief policy. We find that the holdup theory justifying categorical limitations on injunctive relief rests upon overly narrow assumptions. As a result, categorical …
Special Topics In Preventing And Responding To Prison Rape: Medical And Mental Healthcare, Community Corrections Settings And Oversight, Brenda V. Smith, Theodis Beck, Michele Deitch
Special Topics In Preventing And Responding To Prison Rape: Medical And Mental Healthcare, Community Corrections Settings And Oversight, Brenda V. Smith, Theodis Beck, Michele Deitch
Presentations
Hearing transcripts regarding medical and mental health care, community corrections, and oversight related to the prevention of and response to inmate sexual assault. Points of entry are: full transcript; opening remarks; personal accounts; response and treatment—caring for sexual assault victims in correctional and detention facilities; confidentiality and reporting—medical ethics, victim safety, and facility security; sexual violence and community corrections—the special considerations of community-based settings; and best practices and emerging trends—the community corrections field’s response to the Prison Rape Elimination Act. This article contains testimony specifically about the State of North Carolina.
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
All Faculty Scholarship
In the wake of the September 11 attacks, the “Global War on Terror” has marginalized the rule of law. From the dragnet detentions in the aftermath of the initial attacks, to novel and secretive surveillance authority under the Patriot Act, to the incarceration and torture of “enemy combatants,” the administration’s “war” has sought to establish zones of maneuver free of both legal constraint and of political oversight. In the first half decade of these efforts, the tripartite constitutional structure which is said to guard against executive usurpation remained largely quiescent. Opponents both inside and outside of the government turned instead …
Vol. 58, No. 7, December 4, 2007, University Of Michigan Law School
Vol. 58, No. 7, December 4, 2007, University Of Michigan Law School
Res Gestae
•Christopher Jeffries Speaks at Law School •Internet Policy Perishes •Same-Sex Benefits On Trial •Brown Bag Lunches •Stress Busters •Exam Tips •Pre- Mr. Wolverine
Are We Exclusive? Does It Matter?: An Antitrust-Inspired Framework For Understanding Anti-Exclusive Dealing Statutes And The Meaning Of Coercion, Christopher E. Ware, Alison A. Hill
Are We Exclusive? Does It Matter?: An Antitrust-Inspired Framework For Understanding Anti-Exclusive Dealing Statutes And The Meaning Of Coercion, Christopher E. Ware, Alison A. Hill
Alison Hill
We both practice in the area of Product Distribution and Franchise law, where we first encountered client concerns regarding the anti-exclusive dealing statutes described in our Article. These laws prevent manufacturers from "coercing" their dealers into not selling products from a competing manufacturer. However, the laws are problematic because they never define what it means for a manufacturer to "coerce" a dealer into an exclusive deal.
Our subsequent research demonstrated four key factors which make our Article timely for publication:
(1) The number of states passing anti-exclusive dealing statutes is continually increasing. Between 2000 and 2007, ten states enacted anti-exclusive …
December 4, 2007: Theology And Hallowed Secularism, Bruce Ledewitz
December 4, 2007: Theology And Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Theology and Hallowed Secularism
Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt
Taking The Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt
NULR Online
No abstract provided.
Vol. 33, No. 13 (December 3, 2007)
The James Frey Scandal: A Million Frivolous Lawsuits, Stacey A. Hyman
The James Frey Scandal: A Million Frivolous Lawsuits, Stacey A. Hyman
Seton Hall Journal of Sports and Entertainment Law
No abstract provided.
The Shadow Of Credit: The Historical Origins Of Facial Predatory Lending And Its Impact Upon African American Wealth Accumulation, Charles Lewis Nier Iii
The Shadow Of Credit: The Historical Origins Of Facial Predatory Lending And Its Impact Upon African American Wealth Accumulation, Charles Lewis Nier Iii
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham
Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham
William & Mary Law Review
No abstract provided.
Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula
Six Steps To A Smaller World: Finding International Law From Your Desktop, Jennifer Sekula
Library Staff Publications
No abstract provided.
Consumption Taxation Is Still Superior To Income Taxation, David A. Weisbach, Joseph Bankman
Consumption Taxation Is Still Superior To Income Taxation, David A. Weisbach, Joseph Bankman
Articles
No abstract provided.
In The Trenches: Searches And The Misunderstood Common-Law History Of Suspicion And Probably Cause, Fabio Arcila Jr.
In The Trenches: Searches And The Misunderstood Common-Law History Of Suspicion And Probably Cause, Fabio Arcila Jr.
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Motions 2007 Volume 43 Number 3, University Of San Diego School Of Law Student Bar Association
Motions 2007 Volume 43 Number 3, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
Caveat Emptor: Let The Borrower Beware Of The Subprime Mortgage Market, Andre K. Gary
Caveat Emptor: Let The Borrower Beware Of The Subprime Mortgage Market, Andre K. Gary
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Bylines Behind Bars: Fame, Frustration And First Amendment Freedom, Clay Calvert
Bylines Behind Bars: Fame, Frustration And First Amendment Freedom, Clay Calvert
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
How To Repair Unconscionable Contracts, Omri Ben-Shahar
How To Repair Unconscionable Contracts, Omri Ben-Shahar
Law & Economics Working Papers Archive: 2003-2009
Several doctrines of contract law allow courts to strike down excessively one-sided terms. A large literature explored which terms should be viewed as excessive, but a related question is often ignored—what provision should replace the vacated excessive term? This paper begins by suggesting that there are three competing criteria for a replacement provision: (1) the most reasonable term; (2) a punitive term, strongly unfavorable to the overreaching party; and (3) the maximally tolerable term. The paper explores in depth the third criterion—the maximally tolerable term—under which the excessive term is reduced merely to the highest level that the law considers …
The Choice To Limit Choice: Using Psychiatric Advance Directives To Manage The Effects Of Mental Illness And Support Self-Responsibility, Breanne M. Sheetz
The Choice To Limit Choice: Using Psychiatric Advance Directives To Manage The Effects Of Mental Illness And Support Self-Responsibility, Breanne M. Sheetz
University of Michigan Journal of Law Reform
Psychiatric advance directives are a valuable tool for individuals with mental illnesses. Ulysses directives, in particular, allow individuals to bind themselves to treatment in advance of needing it for the purpose of overcoming illness-induced refusals. This Note evaluates the effectiveness of state advance directive statutes in three areas that are especially important for Ulysses directives: defining competency to execute, activate, and revoke directives; waiving the constitutional right to refuse treatment; and encouraging provider compliance. This Note ultimately advocates for other states to adopt provisions similar to a Washington State statute. The Washington statute authorizes Ulysses directives by allowing advance consent …
The Moral Hazard Problem With Privatization Of Public Enforcement: The Case Of Pharmaceutical Fraud, Dayna Bowen Matthew
The Moral Hazard Problem With Privatization Of Public Enforcement: The Case Of Pharmaceutical Fraud, Dayna Bowen Matthew
University of Michigan Journal of Law Reform
This Article takes a law and economics approach to exploring some of the costs that arise when governments rely on private enforcement to accomplish the goals of public law. The analysis focuses on qui tam enforcement under the Civil False Claims Act, because a remarkable body of empirical data demonstrates the expansive role private qui tam relators are playing in enforcing Medicare and Medicaid fraud and abuse laws. The Article further focuses on the application of these laws to the pharmaceutical industry. This focus is enlightening because the Government, as well as private enforcers, have recently targeted this industry so …
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
All Faculty Scholarship
A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …
Unlaw, Emily Albrink Hartigan
The Opinion Volume 45 Issue 1 – December 1, 2007, The Opinion
The Opinion Volume 45 Issue 1 – December 1, 2007, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated December 01, 2007
Cable Company Monopoly: Comcast And Time Warner Control The Board, Gary Wax
Cable Company Monopoly: Comcast And Time Warner Control The Board, Gary Wax
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson
Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson
All Faculty Scholarship
From the still-burning embers of the Holocaust we have come once again to learn the terrible truth, that the power of Evil still lurks among the nations of the world, and cannot be underestimated. Nor can the effect of the spoken and written word, which in modern times must be taken in tandem with the violence of terrorism. Part I describes the background and nature of Holocaust denial, tracing the Nazis' adoption of a plan for the A "Final Solution of the Jewish Problem" through the post-War Nuremberg Trials to the present day. Part II examines the tension between free …
The Forum (Volume 37, Number 4), Valparaiso University School Of Law
The Forum (Volume 37, Number 4), Valparaiso University School Of Law
Valparaiso Law School Forum
No abstract provided.